Courts and Terrorism

Nine Nations Balance Rights and Security

Mary L. Volcansek, John F. Stack, Jr

• Publisher: Cambridge University Press
• Year: 2010
• Print ISBN: 9781107001107
• eBook ISBN: 9781139036757
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.

Table of contents

• Cover
• Half-title
• Title
• Copyright
• Dedication
• Contents
• Contributors
• Courts and terrorism
• Introduction
• 1 Detentions and Security versus Liberty in Times of National Emergency
• 2 One More Casualty of the “War on Terror”
• 3 State Secrets and Democratic Values
• 4 What Lessons Can Be Drawn from a Sui Generis Case? The Global “War on Terror” and Northern Ireland
• 5 The British Experience with Terrorism: From the IRA to Al Qaeda
• 6 Detention and Treatment of Suspected Terrorists under the European Convention on Human Rights
• 7 Australia’s Commonwealth Model and Terrorism
• 8 Judicial Rejection as Substantial Relief: The Israeli Supreme Court and the “War on Terror”
• 9 Preserving Rights and Protecting the Public: The Italian Experience
• 10 Squaring the Circle? Fighting Terror while Consolidating Democracy in Spain
• 11 From Exception to Normalcy: Law, the Judiciary, Civil Rights, and Terrorism in Colombia, 1984–2004
• Conclusion: Lessons Learned
• Cases Cited
• Statutes Cited
• References
• Index